When Can a Conviction Be Overturned for Prosecutorial Misconduct?

Written by:Julian Stroleny PortraitJulian Stroleny

Appeals can happen for many reasons. Sometimes there are errors in procedure during the early investigation of a crime. If this is not properly caught and remedied by the trial judge, any resulting conviction could be overturned by an appellate court. Sometimes trial judges make improper rulings on evidence during the trial itself, and this, too, can result in a successful appeal. Prosecutors can make errors, too. Sometimes they are honest mistakes. Sometimes, however, they are the result of intentional misconduct on the part of an overzealous prosecutor who wants a conviction at any cost. It is important that defendants facing any criminal charge be protected from such errors and intentional misconduct.

At Stroleny Law: Criminal Defense Attorney, our experienced criminal defense attorney in Miami has defended all types of criminal charges in the state and federal courts across Florida. We fight hard to protect our clients’ rights from the very start of a criminal case. Even before charges are filed, defendants have constitutional rights that protect them during a criminal investigation by law enforcement officers. If you are being investigated for a crime, or formal charges have been filed against you, call (305) 615-1285 as soon as possible. We will schedule a free phone consultation with an experienced Miami criminal defense attorney so that you can get the best advice possible in order to protect all your legal rights throughout the criminal case process.

Real Examples of Florida’s Prosecutors Engaging in Misconduct

Right here in Florida, prosecutorial misconduct has recently made national headlines. The Miami Herald reports that Secretary of Labor Alexander Acosta has come under fire for actions taken when he was a United States Attorney in Miami. Acosta was in charge of the federal prosecutors’ office when it entered into a plea agreement with Jeffrey Epstein. Epstein is a New York hedge fund manager who had been charged with sexually assaulting a series of women. The U.S. Attorney’s Office concealed the plea agreement from the victims. Now, a federal judge has ruled that the conduct of the Office violated the Crime Victims’ Rights Act.

Meanwhile, a man convicted of a murder out of Mims has won the right to continue the appeal of his sentence. According to Florida Today, the man’s attorney’s argued that – in addition to other grounds for appeal – the prosecutor failed to disclosure potentially exculpatory evidence to the defendant’s attorney before the original trial. This and other evidence from the initial law enforcement investigation supported the defendant’s claims of “actual innocence.” The appellate court found this evidence compelling enough to sustain his appeal.

An Experienced Miami Criminal Defense Attorney For Appeals and Other Post-Conviction Relief

A defendant’s constitutional and other legal protections continue after a conviction. It is important to seek the advice of an experienced Miami criminal defense attorney in order to determine whether you have any potential grounds for appeal. The seasoned criminal defense attorney at Stroleny Law: Criminal Defense Attorney can help protect your legal rights at all stages of the criminal case process. Call (305) 615-1285 today to arrange your free phone consultation.

Stroleny Law: Criminal Defense Attorney handles a variety of criminal law cases, so call now if you have any questions.

View more contact information here: Miami Criminal Defense Attorney.

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